Is a Will made overseas valid in Australia?

If you have moved to Australia from another country, or own assets in both Australia and abroad, your existing foreign Will may not protect you as well as you think.

Australian Wills: Mutual Recognition Across States

Within Australia, all six states and two territories recognise each other’s Wills under mutual recognition principles. A Queensland Will can be admitted to Probate in New South Wales, and vice versa. The process is managed by the relevant Supreme Court in the jurisdiction where the assets are located.

Overseas Wills, The General Rule

As a general principle, Wills are executed (probated) in the jurisdiction in which they were made. Whether an overseas Will will be recognised in Australia depends on a number of factors:

1. Formal Validity and Commonwealth Countries

The process is often somewhat simpler if the Will originates from a Commonwealth country (such as the UK, New Zealand, Canada, or Singapore) because our legal systems share a common heritage, meaning the procedural mechanisms for recognition are more streamlined.

For a Will (from any country) to be formally valid in Queensland, it generally must comply with the formal requirements of at least one of the following:¹

• The law of the place where the Will was executed (signed)
• The law of the place where the testator was domiciled (permanently resident) at the time of execution or death
• The law of the country of which the testator was a national at the time of execution or death

However, if the Will is from a non-Commonwealth country, the process of proving its validity through the Queensland Supreme Court can be highly complex and expensive.

• The law of the place where the Will was executed (signed)
• The law of the place where the testator was domiciled (permanently resident) at the time of execution or death
• The law of the country of which the testator was a national at the time of execution or death

2. Real Estate (Land)

For real property (land) located in Queensland, Queensland’s succession law governs the distribution, regardless of where the Will was made. A foreign Will that validly disposes of overseas assets may not be sufficient to transfer Queensland land without a Probate application or equivalent in Queensland.²

3. Execution Requirements Vary Significantly

Different countries have very different Will formalities:

• New York (USA): Complex rules around execution, witnesses, and recognition of wills made in other US states or overseas.
• UK: Generally recognised in Australia where formal requirements are met.
• Some civil law countries: Notarial Wills (publicly executed Wills) are common and may be treated differently.

“Normally, Wills get executed where they were made. In Australia, we have mutual recognition of Wills across the states. But if it’s from overseas, I don’t know the answer, and it would also depend on the country.”
— Andrew Bell, Legal Matters, 4CRB, 17 March 2026

What Should I Do?

If you have moved to Australia and hold a Will from another country, we strongly recommend:

1. Obtain Australian legal advice on whether your overseas Will will be recognised for your Australian assets.
2. Make a new Australian Will that expressly addresses your Australian assets, this provides clarity and avoids costly uncertainty for your executor.
3. Consider whether your overseas Will should be kept for assets remaining in that jurisdiction (this requires care to avoid inadvertent revocation).
4. Review joint ownership of any Australian property, property held as Joint Tenants passes by survivorship, not under any Will.

Related Topics

• When should I update my Will?
• Will Update Triggers QLD
• Probate Process QLD
• Interstate EPOA Validity

Get Advice

If you hold a Will made overseas and have assets in Australia, or both, contact Bell & Senior Lawyers for a confidential assessment.

📞 Phone: (07) 5532 8777 | 🌐 bellsenior.com.au | Contact us